New York Democratic Rep. Jerrold Nadler took a series of phone calls while riding the Acela train from New York to Washington, D.C., not knowing that the The Federalist’s Mollie Hemingway was also on the train and within earshot.

Nadler is set to take over as judiciary chairman as a result of Democrats flipping the House in Tuesday’s midterm elections.

Nadler claimed in one call that “there’s a real indication that Kavanaugh committed perjury,” claiming the justice misled about when he first heard about the second of several unproven allegations against him.

Nadler claimed Kavanaugh was “asked at a committee hearing under oath when he first heard of the subject, he said, ‘When I’d heard of The Atlantic article.’ But there is an email chain apparently dating from well before that from him about ‘How can we deal with this?’”

“That’s not technical, that’s real,” Nadler reportedly said, when his interlocutor objected to his plan.

“The worst-case scenario — or best case depending on your point of view — you prove he committed perjury, about a terrible subject and the Judicial Conference recommends you impeach him. So the president appoints someone just as bad,” Nadler added.

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